PROCEDURE-COURT

Rent Demand That Merely Referred to Rent Ledger Was Fatally Defective

June 26, 2025    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's rent demand and the court petition were defective because they failed to accurately set...

Court Excuses Landlord's Late Filing of Affidavit of Service of Petition

June 26, 2025    

Landlord sued to evict an apartment occupant in May 2024 after sending a 10-day notice to vacate. Tenant had sent landlord a 30-day notice dated Dec. 30, 2023, stating that he was moving out. Landlord received the...

Holdover Proceeding Dismissed for Improper Description of the Premises

June 26, 2025    

Landlord sued to evict month-to-month tenants whose lease had expired on Mar. 31, 2024. Tenants asked the court to dismiss the case without trial. They claimed that landlord's papers described the premises...

Eviction Proceeding Dismissed After Landlord Starts Second Proceeding Against Same Tenant

June 25, 2025    

Landlord sued to evict tenant in September 2023, claiming that tenant was exempt from rent stabilization due to high-rent deregulation. In response, tenant claimed that the apartment was rent stabilized. Prior...

Rent Demand That Didn't Reflect Amounts Owed Was Defective

June 25, 2025    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that the rent demand was incorrect. The court ruled for tenant. The rent demand included monthly rent amounts...

Landlord Can't Report Tenant's Nonpayment to Credit Reporting Agency Before Case Decided

April 25, 2025    

Landlord sued to evict tenant for nonpayment of rent. In response, tenant claimed breach of the warranty of habitability and harassment. After a trial was scheduled for June 12, 2025, tenant asked the court to stop...

Former Tenant's Claims Against Landlord, Judge, Marshal, and DHCR Dismissed

April 25, 2025    

Landlord sued to evict tenant in housing court, and tenant was evicted in 2015 after the court found that tenant had made the apartment uninhabitable by mites. Between 2014 and 2019, tenant brought a series of...

Landlord Must Use Notice-of-Petition Form Created Under Civil Court Rules

April 25, 2025    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because landlord didn't use the notice of petition form required by NY City Civil Court Rules Section 208.42. The...

Landlord Must Answer Pre-Trial Questioning on Tenant's Improper Deregulation Claim

April 25, 2025    

Landlord sued to evict unregulated tenant, who claimed in response that her apartment was improperly deregulated and that she had been overcharged. The parties stipulated without a court order that landlord would...

Court Strikes Many of Tenant's Procedural Defenses in Eviction Case

April 25, 2025    

Landlord sued to evict rent-stabilized tenant for breaching her lease by illegally subletting the apartment and/or renting it to short-term guests through Airbnb, after serving a seven-day termination notice....

Law Required Landlord to Explain Facts of Alleged Nonpayment in Termination Notice

April 24, 2025    

Landlord sued to evict tenant, claiming that the tenancy expired after landlord served a lease nonrenewal notice. Tenant asked the court to dismiss the case, while landlord asked the court to direct payment of use...

Landlord Can't Restore Nonprimary Residence Case Marked Off Court Calendar Nine Years Earlier

March 28, 2025    

Landlord sued to evict rent-stabilized tenant, claiming nonprimary residence. The case was marked off calendar in 2014, and in 2022 landlord asked the court for permission to restore the case to the court calendar....